Southern Bluefin Tuna Case

Abstract

Arbitration — Dispute — Identification of dispute — Whether dispute can arise under two separate treaties — Whether one dispute or two — United Nations Convention on the Law of the Sea, 1982 — Convention for the Conservation of Southern Bluefin Tuna, 1993 — Whether dispute capable of arising under both treaties — Jurisdiction — Provision for recourse to arbitration — UNCLOS, Article 281 — 1993 Convention, Article 16 — Whether 1993 Convention excludes recourse to UNCLOS dispute settlement provisions

International tribunals — International Tribunal for the Law of the Sea — Provisional measures — Legal effects — Provisional measures granted pending arbitration — Arbitration Tribunal subsequently holding that it lacked jurisdiction — Discharge of provisional measures by Arbitration Tribunal

Sea — Law of the sea — Conservation — Different legal regimes — UNCLOS — Convention for the Conservation of Southern Bluefin Tuna, 1993 — Effect of overlap — Provision for settlement of disputes

Treaties — Successive treaties — Priority — Lex specialis — Lex posterior — Whether specialized agreement supersedes general agreement